4 ms·
The matter of detention in a psychiatric ward is a separate issue. In general it is a good thing since defendants in need of treatment get treatment instead of
by Xylakant 14y ago
The matter of detention in a psychiatric ward is a separate issue. In general it is a good thing since defendants in need of treatment get treatment instead of punishment. It is not intended as indefinite detention but requires regular reexamination. There's a problem with the examination though: There is little incentive to release a patient as "now safe", since the public outcry would be massive if the patient committed another crime afterwards.
The Mollath case is contested. It may very well be possible that he is guilty, but not crazy or crazy, but not guilty. The problems found in this case are very symptomatic of the bavaria/baden-württemberg courts. One reason is that the appeals court for that region is unlikely to actually accept an appeal.